Alienation Of Affection in South Africa

Understanding Alienation Of Affection

Alienation of affection is a legal claim available in certain jurisdictions that allows a spouse to sue a third party who has interfered with their marriage, causing the loss of affection and love from their spouse. This claim is not based on the act of adultery, but rather focuses on the emotional impact of the third party’s actions on the marriage.

Alienation Of Affection in South Africa

In South Africa, alienation of affection is not legally recognized as a cause of action. The country follows a ‘no-fault’ system when it comes to divorce, meaning that the reasons for the breakdown of the marriage are not considered in the granting of a divorce. Adultery, which is often associated with alienation of affection claims, is also not a ground for divorce in South Africa.

FAQs About Alienation Of Affection

1. What is alienation of affection?
   Alienation of affection is a legal claim that allows a spouse to sue a third party who has interfered with their marriage, causing the loss of affection from their spouse.
2. Is alienation of affection recognized in South Africa?
   No, South Africa does not recognize alienation of affection as a cause of action.
3. What are the grounds for divorce in South Africa?
   In South Africa, the grounds for divorce include irretrievable breakdown of the marriage, as evidenced by reasons such as adultery, abuse, or desertion.
4. Can emotional distress be claimed in a divorce settlement in South Africa?
   Emotional distress is not typically a factor in divorce settlements in South Africa, as the focus is on the legal grounds for divorce rather than emotional distress.
5. Are there any alternatives to alienation of affection claims in South Africa?
   While alienation of affection claims are not recognized in South Africa, spouses may still have legal recourse in cases of adultery or other forms of marital interference through divorce proceedings.